subversive property law and the production of spaces of belonging social justice

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This book explores the relationship between space, subjectivity and property in order to invert conventional socio-legal understandings of property. Sarah Keenan demonstrates that new political possibilities for property may be unveiled by thinking about property in terms of space and belonging, rather than exclusion. Drawing on feminist and critical race theory, this book shifts focus away from the propertied subject and on to the broader spaces in and through which the propertied subject is located. Using case studies, such as analyses of compulsory leases under Australia’s Northern Territory Intervention and lesbian asylum cases from a range of jurisdictions, Keenan argues that these spaces consist of networks of relations that revolve around belonging: not just belonging between subject and object, as property is traditionally understood, but also the less explored relation of belonging between the part and the whole. This book therefore offers a conceptually useful way of analysing a wide range of socio-legal issues. It will be of relevance to those working in the area of property and legal geography, but also to those with more general interests in socio-legal studies, social and political theory, postcolonial studies, critical race studies and gender and sexuality studies.

Employing feminist, queer, and postcolonial perspectives, Global Justice and Desire addresses economy as a key ingredient in the dynamic interplay between modes of subjectivity, signification and governance. Bringing together a range of international contributors, the book proposes that both analyzing justice through the lens of desire, and considering desire through the lens of justice, are vital for exploring economic processes. A variety of approaches for capturing the complex and dynamic interplay of justice and desire in socioeconomic processes are taken up. But, acknowledging a complexity of forces and relations of power, domination, and violence – sometimes cohering and sometimes contradictory – it is the relationship between hierarchical gender arrangements, relations of exploitation, and their colonial histories that is stressed. Therefore, queer, feminist, and postcolonial perspectives intersect as Global Justice and Desire explores their capacity to contribute to more just, and more desirable, economies.

While there is no shortage of studies addressing the state’s regulation of the sexual, research into the ways in which the sexual governs the state and its attributes is still in its infancy. The Sexual Constitution of Political Authority argues that there are good reasons to suppose that our understandings of state power quiver with erotic undercurrents. The book maintains, more specifically, that the relationship between ideas of political authority and male same-sex desire is especially fraught. Through a series of case studies where a statesman’s same-sex desire was put on trial (either literally or metaphorically) as a problem for the good exercise of public powers, the book shows the resilience and adaptability of cultural beliefs in the incompatibility between public office and male same-sex desire. Some of the case studies analysed are familiar ground for both political/constitutional history and the history of sexuality. The Sexual Constitution of Political Authority argues, however, that only by systematically reading questions of institutional politics and questions of sexuality through each other will we have access to the most interesting insights that a study of these trials can generate. Whether they involve obscure public officials or iconic rulers such as Hadrian and James I, these compelling fragments of queer history reveal that the disavowal of male same-sex desire has been, and partly remains, central to mainstream understandings of political authority.

How can we rethink ideas of policy failure to consider its paradoxes and contradictions as a starting point for more hopeful democratic encounters? Offering a provocative and innovative theorisation of governance as relational politics, the central argument of Power, Politics and the Emotions is that there are sets of affective dynamics which complicate the already materially and symbolically contested terrain of policy-making. This relational politics is Shona Hunter’s starting point for a more hopeful, but realistic understanding of the limits and possibilities enacted through contemporary governing processes. Through this idea Hunter prioritises the everyday lived enactments of policy as a means to understand the state as a more differentiated and changeable entity than is often allowed for in current critiques of neoliberalism. But Hunter reminds us that focusing on lived realities demands a melancholic confrontation with pain, and the risks of social and physical death and violence lived through the contemporary neoliberal state. This is a state characterised by the ascendency of neoliberal whiteness; a state where no one is innocent and we are all responsible for the multiple intersecting exclusionary practices creating its unequal social orderings. The only way to struggle through the central paradox of governance to produce something different is to accept this troubling interdependence between resistance and reproduction and between hope and loss. Analysing the everyday processes of this relational politics through original empirical studies in health, social care and education the book develops an innovative interdisciplinary theoretical synthesis which engages with and extends work in political science, cultural theory, critical race and feminist analysis, critical psychoanalysis and post-material sociology.

Temporary urban uses – innovative ways to transform cities or new means to old ends? The scale and variety of temporary – or meanwhile or interim – urban uses and spaces has grown rapidly in response to the dramatic increase in vacant and derelict land and buildings, particularly in post-industrial cities. To some, this indicates that a paradigm shift in city making is underway. To others, alternative urbanism is little more than a distraction that temporarily cloaks some of the negative outcomes of conventional urban development. However, rigorous, theoretically informed criticism of temporary uses has been limited. The book draws on international experience to address this shortcoming from the perspectives of the law, sociology, human geography, urban studies, planning and real estate. It considers how time – and the way that it is experienced – informs alternative perspectives on transience. It emphasises the importance, for analysis, of the structural position of a temporary use in an urban system in spatial, temporal and socio-cultural terms. It illustrates how this position is contingent upon circumstances. What may be deemed a helpful and acceptable use to established institutions in one context may be seen as a problematic, unacceptable use in another. What may be a challenging and fulfilling alternative use to its proponents may lose its allure if it becomes successful in conventional terms. Conceptualisations of temporary uses are, therefore, mutable and the use of fixed or insufficiently differentiated frames of reference within which to study them should be avoided. It then identifies the major challenges of transforming a temporary use into a long-term use. These include the demands of regulatory compliance, financial requirements, levels of expertise and so on. Finally, the potential impacts of policy on temporary uses, both inadvertent and intended, are considered. The first substantive, critical review of temporary urban uses, Transience and Permanence in Urban Development is essential reading for academics, policy makers, practitioners and students of cities worldwide.

Protest, Property and the Commons focuses on the alternative property narratives of ‘social centres’, or political squats, and how the spaces and their communities create their own – resistant – form of law. Drawing on critical legal theory, legal pluralism, legal geography, poststructuralism and new materialism, the book considers how protest movements both use state law and create new, more informal, legalities in order to forge a practice of resistance. Invaluable for anyone working within the area of informal property in land, commons, protest and adverse possession, this book offers a ground-breaking account of the integral role of time, space and performance in the instituting processes of law and resistance.

"Jurisdiction, Scale and Governance: Chronotopes of Law develops a post-metaphysical framework for analyzing the spatio-temporal workings of law and other forms of governance. In this regard, it does not seek merely to combine analyses of legal temporality carried out by anthropologists with analyses of law and space carried out by geographers and socio-legal scholars. Adding two metaphysical abstractions together does not produce anything but somewhat more complex, but equally metaphysical, abstractions. After Kant, 'time' and 'space' are simply categories of human understanding, not metaphysical entities. And, in this book Mariana Valverde develops an anti-metaphysical theoretical approach to law that aims not to theorize the world in general, but rather to be useful to researchers who seek to shed light on the actual workings of law and other forms of governance. Written by one of the foremost theorists in the area, this theoretically innovative work constitutes a major contribution to contemporary studies in law and society. "--